HAMILTON  Ramon Gomez Silva's statement to police that he beat his infant daughter to stop her from crying can be used as evidence in his murder trial, a judge ruled Wednesday.

Police did not violate Mr. Gomez's constitutional rights when they questioned him about his daughter, Common Pleas Judge Michael Sage decided.

Eleven-week-old Maria Gomez Silva died June 12 when life support was removed at Children's Hospital Medical Center. Three days earlier, the infant's 16-year- old mother had brought her to a hospital because she stopped breathing.

Police said Maria was abused from birth and died from multiple injuries.

Mr. Gomez, 21, is charged with murder, involuntary manslaughter, two counts of felonious assault and two counts of child endangering.

Maria's mother will stand trial in juvenile court on charges of involuntary manslaughter, permitting child abuse and two counts of child endangering.